RULES OF WAIPAWA GOLF CLUB Updated SGM 2017
NAME
The Club shall be called the Waipawa Golf Club (Incorporated) (“the Club”)
OBJECTS
The objects of the Club shall be as follows:
To foster and encourage the playing of golf in Central Hawkes Bay.
To provide a golf course for members in Waipawa or elsewhere together with a Clubhouse and all things incidental to the above object and to lay out, repair and maintain the same for golf and other games, and/or sports.
To acquire by purchase, lease or otherwise any land, buildings or property of any kind, real or personal and to sell, lease or otherwise dispose of any portion thereof not required for the purpose and objects of the Club.
To hire, employ and dismiss secretaries, professionals, employees and workmen and to pay to them and to other persons in return for services rendered to the Club, salaries, wages, gratuities and pensions.
To receive moneys and expend them for the advancement of the game of golf and the objects of the Club and to invest monies in securities approved by the Committee.
To borrow or raise and give security for moneys by the issue of or upon bonds, debentures, promissory notes or other obligations or securities of the Club secured upon its assets or otherwise or by mortgage or charge upon all or part of the Club.
To provide such facilities as the Club thinks necessary for such social occasions as the Club thinks fit for the participation of its members including the power for the Club to apply for and hold a Club Licence under the Sale of Liquor Act 1989 or any legislation passed in substitution.
REGISTERED OFFICE
The Registered Office of the Club shall be at the Clubhouse, Heta Tiki Drive, Waipawa OR any other place nominated by the Committee.
MEMBERS
Members shall be divided into the following classes
FULL PLAYING MEMBERS
-those 20 years of age and over who declare the Club as their home Club
9 HOLE MEMBERS
-For those members, 20 years of age and over, who declare the Club as their home Club and will only play 9 Holes on any one day
COUNTRY MEMBERS
-those 20 years of age and over whose home Club is other than the Club and who require full privileges other than entry to the Club Championships
JUNIOR MEMBERS
Those under the age of 20 years having the Club as their home Club and who require full privileges.
STUDENT JUNIOR MEMBERS
Students who are still at Primary School having the Club as their home Club and who require full privileges.
FAMILY MEMBERSHIP
Provides membership for one Parent and one Student Junior. Allows both to have the use of the course and Clubhouse when playing together.
LIFE MEMBERS
-those granted this status by the Club. Life members shall have full privileges
SUMMER MEMBERS
-a playing member who shall have the use of the course and Clubhouse from the 1 November until the end of February the following year.
NON-PLAYING (OR SOCIAL) MEMBERS
-those with no playing rights but who shall otherwise be entitled to the use of the Club Facilities and amenities.
ABSENTEE MEMBERS
-those belonging to classes (a) and (c) above, who are absent from Hawke’s Bay for more than six consecutive months in any financial year
HONORARY MEMBERS
-those persons admitted to the Club by the Committee as Honorary members, for such period and upon such conditions as the Committee may determine
RESTRICTED MEMBERS
Restricted members shall have all the privileges of Full Playing Adult Members EXCEPT that they may play on the Club’s Course at an adjusted subscription rate only on the days of the week specified for such play, provided however that they may enter Tournament or special fixtures which may be fixed for play at other than their approved playing times, but the acceptance of any entry for such tournament or special fixture by the restricted members shall be at the discretion of the Committee..
The Committee shall have the power to add, delete or amend any categories of membership (subject to Rule 26 if applicable) deemed necessary for the benefit of the Club.
ACTIVE MEMBERS
The following members who are financial (see Rule 14) shall be deemed to be active members for the purpose of these rules.
-Full Playing Members
-Country Members
-Junior Members
-Life Members
-Honorary Members (if the Committee have determined them to be “active members” either individually or collectively)
-Restricted members
ELECTION OF MEMBERS
Every applicant for membership (other than in relation to Life or Honorary membership) must be proposed by an active member and seconded by another active member.
The applicant shall complete an application form and lodge that with the Secretary or Treasurer, together with the entrance fee (if any) and one half of the applicable subscription sum
Every such application shall be considered by the Committee at its next meeting and every applicant receiving a clear majority of votes in favour of the applicant shall be declared elected to membership and such membership shall be immediate.
Any unsuccessful application shall result in the immediate refund of the entrance fee (if any) and subscription to the unsuccessful applicant.
An unsuccessful applicant may not apply for membership again within 12 months of the date of the unsuccessful application
ELECTION OF LIFE MEMBERS AND ADMISSION OF HONORARY MEMBERS
Any member of long standing who has given outstanding service to the Club may, on the recommendation of the Committee, be elected to a Life Membership by any General Meeting of active members.
Such a Life Member shall have all the rights and privileges of a Full Playing Member without payment of further subscriptions.
The Committee may, in special circumstances, admit a person as an Honorary Member of the Club for such period and upon such conditions and with such rights and privileges as the Committee may determine.
RESIGNATION OF MEMBERS
Any member wishing to resign from membership of the Club shall give written notice of that to the Secretary before 31st March in each year.
If notice is not given then the member wishing to resign shall be liable for payment of the subscription for the next season.
EXPULSION OF MEMBERS
Should any member wilfully infringe these rules or any Club by-law or be guilty of any unbecoming conduct, or act in a manner detrimental to the interests of the Club, the Committee shall have the power to:
Suspend such member for a period not exceeding 12 months during which period the member shall not take part in any of the Club’s activities.
Call upon such member to resign membership and should a written resignation not be received within 7 days of the call by the Committee then the membership shall be cancelled forthwith.
Seek restitution for any damage done to the Clubs property or assets.
Any of the above jointly.
Prior to the exercising any of the powers the Committee shall give the offending member a reasonable opportunity to appear before the Committee to give an explanation and to answer questions.
The opinion of the Committee shall be taken by ballot and any decision to expel a member must be unanimous by those members of the Committee present at such meeting.
OFFICERS
The officers of the Club shall be:
A President
One or two Vice-Presidents
A Club Captain
A Club Vice-Captain (if elected)
A Secretary
A Treasurer
The office of Secretary and Treasurer may be held by one person and it shall not be necessary to have two Vice-Presidents. (One may suffice)
The Officers of the Club shall be chosen from the active members of the Club and shall be elected at each Annual General Meeting.
Officers so elected shall be eligible for re-election
The Officers shall be ex officio members of the Committee of the Club.
COMMITTEE
The entire management of the Club (except as otherwise provided by these rules) shall be deputed to a Committee consisting of the Officers of the Club and six other active members.
The six other active members shall be elected in accordance with Rule 9 of these rules.
POWER AND DUTIES OF THE COMMITTEE
The Committee shall be responsible and have authority for all aspects of financial management, course, development, business and general affairs of the Club which include the following:
To plan and co-ordinate a long term policy for the diligent use of the Club’s finances and resources.
To formulate a long term policy for the management, beautification and improvement of the golf course, including the maintenance and replacement of machinery.
To formulate a long term policy to ensure full membership of the Club
To invest and control the funds and property of the Club.
To borrow and raise money for the day to day operation of the Club and to secure the payment thereof in such manner as may be determined.
The Committee may exercise all such powers and do all such acts and things as the Club is by its Rules or otherwise authorised to do and which are not hereby or by Statute directed to be exercised or done by the Club in General meeting.
WITHOUT PREDJUDICE to the general powers conferred by the above and the other powers herein contained it is expressly declared that the Committee shall have the following powers:
(i) To buy or sell any real or personal property or any rights or privileges at such price and upon such terms and conditions as it thinks fit and to give and execute such legal documents as are considered necessary.
(ii) To purchase, acquire, construct, alter or maintain such buildings, fences, machinery and other works or improvements as required by the Club.
(iii) To hire, employ and dismiss professionals, employees and workmen and to pay them and to other persons in return for services rendered to the Club salaries, wages, gratuities, and pensions.
(iv) To lease or accept leases, enter into all negotiations, contract and agreements in the name of and on behalf of the Club as necessary for the attainment of the objects of the Club.
(v) To do all such other lawful things as are incidental or conclusive in the attainments of the objects of the Club.
(vi) To delegate any of its powers to Sub-Committees consisting of such persons as the Committee shall think fit and on terms and conditions as shall be fixed by the Committee.
(vii) To make, repeal and amend all such by-laws and regulations (not inconsistent with these rules) as they shall think expedient for the internal management and use of the Club facilities and amenities and the well being of the Club. All such by-laws and regulation shall be notified to members by publication via the Club Notice Board within 48 hours of being established and shall be binding upon all members until repealed by the Committee or set aside by a resolution of a General Meeting of active members.
(viii) To close the list of members, or any class thereof, at and for such time or times and subject to such conditions as the Committee may deem necessary to regulate the number of members of any class.
PROCEDURE OF THE COMMITTEE
Meetings of the Committee shall be chaired by the President (if Present) OR Vice President (if present) OR Club Captain (if present), or Club Vice Captain (if Present) as the case may be. If none of the said persons are present then the Committee members present may elect their own Chairperson for that meeting. The Chairman at any meeting shall, in addition to his or her own vote, have a casting vote.
The Committee shall meet at such time and at such places as it shall determine and failing agreement shall meet monthly at the Clubhouse.
The Secretary shall give notice of each meeting to each Committee member as is reasonable such notice may be written or oral.
It is acknowledged that the Committee may vary in size, between 15 and 13 members. The quorum at meeting of the Committee shall be fixed as set out below.
If the Committee is made up of:
13 persons, the quorum is 7
12 persons, the quorum is 6
11 persons, the quorum is 6
ELECTION OF OFFICERS AND MEMBERS OF THE COMMITTEE
OFFICERS
All candidates for office shall be nominated and seconded in writing, by an active member in each case and each candidate shall accept such nomination no later than 21 days before the Annual General Meeting SUBJECT to 9.5 below. The process of written nominations shall be carried out by the use of the “Notice for Nominations” procedure set out below.
DIRECT ENTRY TO COMMITTEE OF THE CLUB LADIES PRESIDENT AND LADIES CLUB CAPTAIN
The Ladies President and Ladies Club Captain as hold such office at the date of the Annual General Meeting in each year shall be admitted as members of the Committee for the ensuing period (up to and including the next Annual General Meeting)
SIX OTHER MEMBERS OF COMMITTEE- SIX ELECTION POSITIONS:
All candidates for these positions shall be nominated and seconded in writing by an active member in each case and each candidate shall accept such nomination no later than 21 days before the Annual General Meeting SUBJECT to 9.5 below. The process of written nomination shall be carried out by the use of the “Notice for Nominations” procedure set out below.
NOTICE FOR NOMINATIONS
A notice calling for nominations for the officers of the Club and for six election positions on the Committee shall be posted on the Club Notice Board on or before the 30th September in each year. The closing date for nominations will be stated in the notice and shall not be later than 21 days before the Annual general Meeting (refer clause 16)
The notice shall have the full names and signature entered thereon of those nominated and those who move and second the respective nominations
ELECTION AND ALTERNATIVE NOMINATION PROCEDURES
IF at the closing date for nominations (*the closing date*) there is only one nominee for each or any of the various officer positions, then those nominated shall be declared duly elected to their respective office positions at the Annual General Meeting.
IF at the closing date, there are more than one nominee for each or any of the various officer positions, then there shall be an election for those positions at the Annual General Meeting.
IF at the closing date vacancies remain for one or more officer positions, then nominations for those positions may be made from the floor at the Annual General Meeting and there shall be an election for those positions,
PROVIDED THAT
(i) The nominee shall be present to accept such nomination, and
(ii) The nominator shall be an active member who shall be present to make the nomination, and
(iii) The person seconding the nomination shall be an active member who shall be declared duly elected to the Committee at the Annual General Meeting
IF at the closing date there is only one nominee for any of the six election positions, then those members shall be declared duly elected to the Committee at the Annual General Meeting.
IF at the closing date, there are more than six nominees for the six election member positions, then there shall be an election for these positions at the Annual General Meeting.
IF, at the closing date and after (a), vacancies remain for one or more of the six election positions, then nominations for those positions may be made from the floor at the Annual General Meeting and there shall be an election for those positions PROVIDED THAT
(i) The nominee shall be present to accept such nomination, and
(ii) The nominee shall be an active member who shall be present to make the nomination, and
(iv) The person seconding the nomination shall be an active member who shall be present to second the nomination
VOTING ON ELECTIONS
All members who are financial (see Rule 14) may vote personally or by proxy for the election of Officers (proxy voting to be in accordance with 19 thereof).
All active members who are financial may vote personally or by proxy for the election of six election positions of Committee (proxy voting to be in accordance with 19 thereof).
Each person eligible to vote shall have one vote for each position subject to election. The Chairperson may decide upon a show of hands in the first place, but may on such a decision being given, demand a ballot.
VACANCIES
Any vacancy in office or Committee positions during the year may be filled by the Committee electing an active member to fill such vacancy, PROVIDED THAT such member consents to such election AND PROVIDED FURTHER that a vacancy arising in respect of the positions held by the Ladies President or Ladies Club Captain (or both) shall be filled by nomination(s) made by the Ladies Committee.
SECRETARY
The Secretary shall conduct the correspondence of the Club and shall arrange for the good and safe custody of the Title Deeds and such other documents as the Committee shall keep from time to time determine. The Secretary shall keep minutes of all Committee and General Meetings and shall notify members of all General Meetings and Special Meetings.
The Secretary may be paid by way of salary or honorarium such sum (if any) as shall from time to time be fixed by the Committee.
TREASURER:
All moneys from time to time payable to the Club shall be paid to the Treasurer and receipt thereof shall be sufficient discharge.
The Treasurer shall open such banking accounts for the Club’s money as required by the Committee, and all cheques drawn thereon shall be signed by the Treasurer and another officer or member of the Committee, as the Committee shall from time to time direct.
The Treasurer shall submit at each Annual General Meeting a statement of the financial position of the Club, and an account of the Income and Expenditure during the preceding year, together with a statement showing the Assets and Liabilities as at the 30th October then last past. A certified copy of the statement shall be furnished to the Registrar of Incorporated Societies in terms of Section 23 of the Act.
The treasurer shall keep a register of members, in which shall be entered the full name and address of each member and when lawfully required to do so, shall furnish the Register with a list of members to terms in section 22 of the Incorporated Societies Act 1908
The Treasurer may be paid by way of salary or honorarium such sum (if any) as shall from time to time be fixed by the Committee.
BANK ACCOUNT:
The Club shall bank with such Bank or Banks as the Committee may from time to time appoint. All monies received by or on behalf of the Club shall be paid to the credit of the Club’s account.
AUDIT or REVIEW
An audit or review of the annual statements will not be undertaken unless a resolution by five active members requiring an audit or review is passed at the Annual General Meeting, or a Special General Meeting convened for that purpose.
ANNUAL SUBSCRIPTIONS
The annual subscription shall become due on 1st March in each year and shall be paid to the Treasurer. Any member failing to their annual subscription within 2 months of it becoming due, or such period as the Committee may permit, shall not be allowed to play on the course until that subscription has been paid and if and so soon as that subscription shall be 3 months in arrears the Committee may if it thinks fit, delete that person’s name from the list of members. Only fully paid members are eligible to play in any club championship events.
All subscription rates will be fixed at the Annual General Meeting to which meeting the outgoing Committee shall submit a report and recommendation.
The Committee shall have the discretion to reduce by not more than half the rates set down for categories (a) to (c) inclusive (see Rule 4.1 (a) – (c), where a resignation is received before the 30th June in any year or when application for membership is made after that date.
An absentee member shall be allowed a reduction from, or a refund of, half the subscription for that year.
ENTRANCE FEE
The Annual General Meeting shall have the power at any time to impose an Entrance Fee.
Any member of any club on the Register of the New Zealand Golf Club, whose entrance fee and subscription to that club shall have been duly paid, shall pay as entrance fees such sums only as shall represent the difference between the entrance fee actually paid by such other club and the fee payable for Waipawa Golf Club membership.
ANNUAL GENERAL MEETING
The Annual General Meeting of the Club shall be held not later than the 30th November in each year, on a date to be fixed by the Committee, for the purpose of electing officers and Committee members and of transacting such business as shall have been specified in the notice convening the meeting, which notice shall be sent by the Secretary by post to each active member at least fourteen days prior to the date fixed for the holding hereof.
At such meeting the report of the Committee and the Balance Sheet and Statement of Accounts for the past year, ended 31st October shall be submitted for adoption. The Balance Sheet and the Statement of accounts shall be signed by the President, the Treasurer and the person who compiled the accounts.
Any active member wishing to bring any motion before the Annual General Meeting must give notice in writing to the Secretary at least seven days prior to the date fixed for the holding of the meeting.
SPECIAL GENERAL MEETIMG
A Special General Meeting shall be deemed to have been duly convened if an advertisement, signed by the Secretary calling the meeting and setting for the nature of the proposed business, be inserted twice in a newspaper circulating in Central Hawke’s Bay at least seven days prior to the date of the meeting, and such notice be posted in the Clubhouse OR if a notice calling the meeting and setting forth the nature of the business be posted to each active member at least seven days prior to the date of the meeting.
A Special General Meeting may be called at the direction of the Committee or by written request of not less than 10 active members, such request to state the nature of the proposed business. The Secretary shall convene a Special General Meeting of the Club to consider the same, such meeting to be held within twenty one days of receiving such request.
CHAIRMAN OF GENERAL MEETINGS
The President and in his or her absence, the Vice-President, shall be the Chairman of all General Meetings of the Club. In the absence of the above two officers, any officer of the Club as determined by the meeting shall act as Chairman.
VOTING AT GENERAL MEETING
Active members are entitled to vote at meetings.
Except where otherwise provided the Chairman shall decide upon a show of hands in the first place, but any five members, present in person may, on such decision being given, demand a ballot.
Decisions at any General Meeting except as provided for under Rule 26 shall be by a simple majority.
Scrutineers shall be appointed at such meetings if required.
Voting may be by proxy as follows:
(a) Proxies appointed must be active members of the Club.
(b) No person can appoint a proxy unless such person has a vote.
(c) The instrument appointing a proxy must be in the hands of the Secretary no less than 48 hours before the commencement of the meeting.
The Chairman at any General Meeting, in addition to his or her own vote as a member, shall have a casting vote.
QUORUM AT GENERAL MEETING
At any General Meeting of the Club there shall be no less than 20 active members present, in person, in order to form a quorum.
DISPUTES AND COMPLAINTS
Any disputes between the Club, its Officers or employees and its members shall be referred to the Committee for determination. Any determination of the committee in respect of any dispute shall, at the request of any party to that dispute, be referred by the committee to arbitration in accordance with the Arbitration Act 1998. Any such reference to arbitration shall be referred to a single disinterested arbitrator as agreed between the parties in dispute and the decision of such arbitrator shall be final and binding in respect of all questions of fact.
All complaints shall be made in writing to the Secretary and in no instance shall an employee of the Club be reprimanded directly by a member.
Notice of any repeal, alteration or addition which is to be considered by an Annual General Meeting or a Special General Meeting must be forwarded by the Secretary to each member at least 14 days before the date of the meeting at which each proposed repeal, alteration or addition is considered. Any member desiring to propose any repeal, alteration or addition to or replacement of these rules shall give notice in writing to the Secretary at least 21 days before such a meeting.
WINDING UP OF THE CLUB
Should the membership of the Club fall below 20 members for a period of three months then the Club shall be wound up.
If upon the winding up or dissolution of the Club by the Registrar of Incorporated Societies there remains after satisfaction of all its liabilities, any property whatsoever the same shall not be paid to or distributed amongst the members of the Club, but shall be given or transferred to some other institution, institutions, club or clubs having objectives similar to the objects of the Club or some fund or funds, cause or causes, or shall be held in trust, by a trustee or trustees, the purpose of which is likely to further the objects for which the Club Is constituted, the recipients to be determined by a majority of members present in person at a General Meeting to be held according to the rules of the Club at or before the winding up or dissolution, or to such recipients as a judge of the High Court of New Zealand may direct.
RULES OF PLAY
The rules of play shall be those of the Royal and Ancient Golf Club of St Andrews except as varied by the Local Rules of the Club.
SEAL
The common seal of the Club shall be kept in the custody of the Secretary and shall not be fixed to any document except by the authority of the Committee and in the joint presence of two members of the Committee and the Secretary who shall affix their signatures to every document so sealed.
INTERPRETATION
The decision of the Committee on the interpretation of the Club Rules, or any matter or thing contained in these Club Rules and which pertains to the Club, its property or its interests, shall de conclusive and binding on all members of the Club until revoked at a General meeting.
ALTERATIONS
These rules shall not be altered, added to or rescinded and replaced except by resolution passed at the Annual General Meeting or Special General Meeting of the Club called for that purpose and the majority must be a clear majority of two thirds of the votes by the active members who have fully paid their subscriptions. Notice of any repeal, alteration or addition which is to be considered by any Annual General Meeting or Special General Meeting must be forwarded by the Secretary to each member at least 14 days before the date of the meeting at which each proposed repeal, alteration or addition is considered. Any member desiring to propose any repeal, alteration or addition to or replacement of these rules shall give notice in writing to the secretary at least 21 days before such a meeting.
No additions to or alterations of the objects, personal benefit clause, or the winding up clause shall be approved without the Inland Revenue approval. The provision and effect of this clause shall not be removed from this document and shall be included and implied into any document replacing this document.
NOTICES
Where by these Rules any notice is required to be sent by post to any member it shall be posted to that members address as entered in the register of members. Any Notice so posted shall be deemed to have been delivered in the ordinary course of post. Notices required to be ‘given’ to members may be posted as aforesaid and need not be served personally.
VISITORS
Members may introduce any persons as visitors to the Club by inserting their names in a book kept for the purpose PROVIDED THAT
(a) Visitors who are members of an affiliates Club (of the NZ Golf Association) shall pay such green fees as may from time to time be fixed by the Committee.
(b) A member introducing a visitor is responsible for all payments for which such visitor becomes liable.
DOGS
No dogs shall be allowed on the loose in any circumstances. Members infringing these rules may be subject to a penalty of $100 for each offence.
LADIES COMMITTEE
The administration and organisation of Ladies competitions and related matters shall be deputed to a sub-committee of the Club to be known as the “Ladies Committee” and shall be made up of:
A President
A Vice President
A Captain
A Vice Captain
A Secretary
Five other members
The said committee shall be active members of the Club who are ladies and shall be as elected each year by active members of the Club who are ladies.
The quorum of the Ladies Committee at meetings shall be six. The Ladies Committee shall for each term of office, fix the terms and conditions it shall operate under and shall regulate its procedure as it sees fit..
The Ladies Committee shall have all such powers as are necessary to enable it to properly administer and organise Ladies competitions and related matters, PROVIDED THAT the authority of the Committee of the Club shall always supercede that of the Ladies Committee and the Ladies Committee shall always act in accordance with these rules and by-laws and regulation of the Club.
PATRON/PATRONESS
The Club may at its Annual General Meeting elect a Patron and/or Patroness of the Club, on such terms and conditions and with such privileges as the Club may then fix.
ADOPTION OF EXISTING BY-LAWS
The rules as made in substitution for and wholly replace the former rules of the Club last revised in 2003.
DEFINITIONS
“Active Member” Means a member who comes within the criteria detailed in Rule 4.3.
“The Club” means the Waipawa Golf Club Incorporated.
“The Office’ means the Registered Office for the time being of the Club.
“Financial Year” means the year commencing 1st November in any one year and ending 30th October in the year following.
“Subscription Year” means the year commencing 1st March in any one year and ending 28th February following.
“Month” means a calendar month
“Committee” means the Committee of the Club
‘The Rules” means these rules or any other rules of the Club for the time being in force.
“The Act” means the Incorporated Societies Act 1908 and its amendments and any statutory provisions for the time being in force in modification or substation of the same.
“Financial Member” shall mean a member that is not in arrears with the Club as regards the payment of subscriptions or any other monies owed by that member to the Club at any one time.
Words importing the singular number include the plural and vice versa.
PERSONAL BENEFIT
Any income, benefit or advantage shall be applied to the objectives of the organisation. No member of the organisation or any persons associated with a member shall participate in or materially influence any decision made by the organisation in respect of the payment to or on behalf of that member or associated person of any income, benefit, of advantage whatsoever.
Any such income shall be reasonable and relative to that which would be paid in an arms length transaction (being open market value)
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